Personal Injury Claims and Lawsuits

Apr 29, 2014 by

Personal injury claims are a constant type of litigation inside the United States courts. Humans are imperfect after all, therefore negligence and recklessness often result to personal injury and lawsuits that are ever piling up on court dockets. There different types of personal injury claims, some not as heavy as the others. Among the most common are car accidents and work-related injuries, but among the more serious types is assault and battery.

Compared to accident-caused personal injuries, assault and battery are lawsuits that are intentional. Intentional tort claims are made in order for the victim to seek compensation for the injuries along with other damages the resulted from the attack and it is only processed in a civil court. Because assault and battery are considered a criminal act that can also be filed in a criminal court for punitive damages, it would be best to consult a lawyer before going to court with this type of personal injury claim.

Going to court for a personal injury claim is a difficult and complicated decision. On it’s website, a Wyoming personal injury law firm says that while going to court can result in more money for the victim, it is also incredibly costly. Many personal injury cases are settled outside of court, saving much time and money. However, this requires both sides to agree to the terms of the settlement, which by design will be less favorable to the injured party. This is because the party responsible for the injury is more likely to benefit from not having to go to court.

When a person has been a victim of assault or battery, the law firm Habush Habush & Rottier S.C. advises that the first thing to do when a person is injured is to seek immediate medical help. This would aid in faster recovery time and lesser complications. Seeking immediate medical assistance would also help in documenting the incident, and the medical records and receipts will be used as evidence of the incident and as basis for the compensation that will be awarded. It is after getting medical treatment that legal assistance should be considered. Consulting a legal advisor could assist in understanding your rights and how you can protect them, along with computing the total compensation for all the damages done by the attack.

It is very important to talk with a lawyer regarding assault and battery cases because civil cases such as these have a wide spectrum of severity. There are cases that are not always worth the trouble, while there are those that even call for criminal charges to be pursued. Although definitions of assault and battery differ from state to state, anything that pertains to physical acts of violence done by one person to another can be defined as assault and battery. This intentional tort can be put in both civil and criminal courts punishable by fines, jail time, or even both.

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Perjury

Jan 25, 2014 by

Convictions carry heavy weight, therefore committing perjury is considered a federal crime. Perjury is an offence against the law where the person deliberately gives false or untrue statements while under oath and at the time of a judicial hearing. Giving false testimony can have serious effects on the outcome of a trial, therefore in the United States it is treated as a serious felony offence. A person caught and proven to have committed perjury can be given up to five years of prison sentence, a hefty fine, or both.

There are basic sets of factors that the state should prove in order to justify that a person has committed perjury. First, while under oath, the person has given a false statement. Second, that the falsified statement should be relevant to the trail. And third, the person should have a specific motive or intent to give the false statement. If a judge has determined that a defendant (who is later convicted) has given a false testimony, the judge has the right to enforce sentencing enhancements. This means the defendant’s sentence can be increased.

Even while not under oath, a person can still be charged with perjury, specifically if they signed and submit documents that are “under penalty of perjury”. Income tax returns, loan applications, and even applying for driver’s license can put a person in danger of perjury if they give false information.

Many people undermine the consequences of committing perjury, even while at court hearings. In the same regard, subornation of perjury (where another person is forced to give a false statement by another person) is also a separate crime and is also punishable by law. Another variation, the false swearing, is also a felony. False swearing happens when a false statement is given while under oath, but it was given while not being in an official hearing. Both of them are punishable by fines, jail time, or possibly both.

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Fighting Workplace Violence

Jan 17, 2014 by

Work-related injuries are one of the most common forms of personal injuries that are flooding the U.S. courts today. Many forms of work-related injuries can happen to an employee, and these injuries can be taken to civil court as a personal injury claim. There are other personal injury claims, however, that can be taken to criminal courts, and these types of injuries are of the intentional tort types.

Any injuries that were done intentionally can be grounds for a criminal case. Among such instances are assault and battery charges that resulted to injuries of the worker. These two charges often go together, but they are separate legal claims that a worker can use. Assault is the danger of imminent physical harm, where a worker is unlawfully threatened or was attempted with physical harm by another person. Battery, on the other hand, refers to the actual physical contact after the threat was made. It is the physical manifestation of the threat that was given to the worker, which resulted to harmful and/or offensive injuries or contact.

Employers have the responsibility to ensure that such workplace violence is prevented, otherwise they can also be held liable to an extent. In order to understand the legal aspects of these risks and issues, law firms such as Hach & Rose, LLP can assist in explaining your rights and freedoms in the workplace. Injury resulting from assault and battery in the workplace can be covered by workers’ compensation. A worker can file a personal injury claim regarding assault and battery against their employer if they have subsequent proof of the employer’s negligence or involvement in intentional misconduct. Better to ask a lawyer regarding these concerns since there are certain differences in each state law.

Workplace violence that resulted to or can result in injuries need to be addressed. Any acts that can be disruptive in the workplace, which could eventually lead to accidents or injuries, should be reported and attended to to prevent any form or workplace violence and protect the rights of both the employer and employee.

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Types of Personal Injury Claims

Jan 12, 2014 by

Going on a cruise ship could be one of the most relaxing vacations anyone can take: there are many things to do and people to meet, and you get to be away from the hustle and bustle of the city or anything that gives you stress and makes you feel tired. Cruise ships are a great option for family boding because of the various activities that can be done on-board, without having to spend too much or go to far away locations.

Among the many amenities of a cruise ship are their swimming pools. Almost all types of cruise ships (from smaller ones to mega-cruise ships) are equipped with swimming pools with lounging decks, and others even have smaller pools that are made for swimming-against-the-current.  These provide both relaxation and endless activities for those who are stuck in cruise ships for a certain amount of time. Because a lot of people flock to these swimming pools on cruise ship, it is inevitable that accidents and injuries can happen.

Cruise ship injury claims can be made after a swimming pool accident, especially if the management or staff of the cruise ship has been proven to be negligent of the safety and well-being of the passengers on-board. There are many reasons or ways that a swimming pool accident and injury can occur. Defective or malfunctioning pool equipment can lead to swimmers being trapped and cause serious injuries or drowning. Poor maintenance can cause slip and fall incidents. Failure to put up warning signs and hazard information could harm swimmers who are not acquainted with proper safety procedures.

There has been an on-going debate on whether it is the responsibility of the cruise ship management to supervise the swimming pool area and the people who are there or if it is the responsibility of the passengers to practice safety themselves. According to Habush Habush & Rottier S.C., any injury the occurred because of the negligence of another can be grounds for a personal injury lawsuit, in this case, a cruise ship injury claim. Consulting with a lawyer who knows cruise ship and maritime laws could help in establishing whether you have a strong personal injury claim or not.

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Dealing with Insurance Bad Faith

Jan 11, 2014 by

A breach of contract on your insurance can result to a number of issues, where insurance claims have been withheld, delayed, or underpaid. Once the insurance company has done any form of misrepresentation regarding your insurance policy or the coverage that you have agreed upon, then you have a compelling claim for an insurance bad faith. Through this, you or your business will be given a right for extra-contractual damages aside from the existing damages that is bound within your insurance policy.

There are a number of reasons why a person needs to file for an insurance claim, among them are damages to home due to natural disasters or business problems like burglary and industrial explosions. In an event of an industrial explosion, it is very important to have insurance immediately because such incidents are often catastrophic and result to serious injuries to workers on site. Unreasonably denying the benefits or any delay in the processing of the claim could result to further damages such as emotional distress, financial losses, and many others.

In order to understand if you do qualify for an insurance bad faith claim, talking with lawyers who are proficient in these types of laws would be the best option. According to Smith Kendall PLLC, fighting with insurance companies regarding insurance bad faith claims requires proper investigation as well as harvesting necessary evidence that would demonstrate the failure of the insurance company to properly justify their bad faith. Talk to a lawyer who are not only knowledgeable but whom you trust that could protect your rights and freedoms.

Once the unreasonable denial or delay of the insurance claim has been proven in court, you will be given the right for proper amount of claim under the insurance policy, as well as the payment for the lawyer’s fee. Most importantly, though, is your right for compensation regarding the damages brought about by the denied or delayed claim, such as financial or economic losses and emotional pain and distress.  Punitive damages can also be given if the insurance company has acted with malicious or outrageous conduct.

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Cocaine Laws in Texas

Jan 9, 2014 by

Drug possession is considered a serious crime of having one or more types of illegal or controlled drugs in their person, whether for their own personal use or for other intentions such as distribution, sale or any other uses. Penalties for those who are caught with possession of any type of drug can depend on the type of drug, the amount of drug, the jurisdiction on which the possession and arrest took place, and the circumstances surrounding the arrest. Generally, United States penalties for possession of drugs range from small fines to imprisonment or probation.

Cocaine is among the several illegal drugs that are being monitored. It is a strong stimulant that works on the central nervous system and cardiovascular system, providing the user to feel euphoria and a feeling of alertness. It also staves off hunger and increases a user’s endurance. Cocaine makes a person feel strong and confident, and the high after a cocaine bump usually lasts between 20-30 seconds and 15-30 minutes (all depending on the method of ingesting cocaine), which is then often followed by a crushing depression. This typically causes dependence on the drug, causing abuse and other drug-related problems.

Cocaine is classified under Penalty Group 1 (together with methamphetamines and heroin) and the penalties for those caught with cocaine possession vary from being charged with a Class D felony (caught with less than 3 grams of cocaine) to Class A felony (for more than 3 grams and caught inside a school bus or within a certain area around the school, youth program center, family housing complex, or park). A person can be charged with possession of cocaine not only if they have the cocaine on their person, but this charge can also apply to finding cocaine, or any illegal drugs, in any are that the person has control or dominion over.

Being caught in possession of illegal drugs, such as cocaine, is a direct violation of the state and federal laws. As testified by the Del Prado Law firm, each drug crimes have their own form and would require a certain legal strategy so that the defendant’s rights can be properly and effectively protected. Since these drug possession charges often leave serious social and financial damages and consequences, it is vital to seek legal counsel who are knowledgeable about preserving and fighting for the rights and interests of the defendants. A criminal defense lawyer will have several years of concentrated training in how to protect your rights if you are charged with cocaine possession. This can make all the difference, as the penalties for a guilty verdict can be incredibly difficult for a person to recover from.

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